BILL NUMBER: AB 496	CHAPTERED  10/10/99

	CHAPTER   769
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 27, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Leach

                        FEBRUARY 18, 1999

   An act to amend Section 54957.5 of, and to add Sections 6254.22
and 54956.87 to, the Government Code, relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 496, Leach.  Public records:  health care service plans.
   (1) Under the California Public Records Act, certain public
records are required to be made available for public inspection.
   This bill would exempt from public disclosure, for a period of 3
years after the contract is fully executed, the records of a health
care service plan governed by a county board of supervisors that
relate to provider rate or payment determinations, allocation or
distribution methodologies for provider payments, formulae or
calculations for these payments, and contract negotiations with
health care providers for alternative rates.  However, the bill would
provide that these exemptions shall not prevent access to any
records by the Joint Legislative Audit Committee, or by the
Department of Corporations in the exercise of specified powers.
   (2) Existing law, the Ralph M. Brown Act, relating to open
meetings of legislative bodies of local agencies, provides that any
writings distributed to all or a majority of the members of a
legislative body in connection with a matter subject to discussion or
consideration at a public meeting are disclosable public records
under the California Public Records Act unless specifically exempted.

   The bill would provide that the transmission of specified health
care service plan information or records to the board of supervisors
does not constitute a waiver of exemption from disclosure.
   (3) The Ralph M. Brown Act requires that the meetings of the
legislative body of a local agency be conducted openly, with
specified exceptions.
   This bill would provide that a county board of supervisors as the
governing body of a health plan may hold a closed session solely for
discussion or taking action on health plan trade secrets.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6254.22 is added to the Government Code, to
read:
   6254.22.  Nothing in this chapter or any other provision of law
shall require the disclosure of records of a health plan that is
licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) and that is governed by a county board of
supervisors, whether paper records, records maintained in the
management information system, or records in any other form, that
relate to provider rate or payment determinations, allocation or
distribution methodologies for provider payments, formulae or
calculations for these payments, and contract negotiations with
providers of health care for alternative rates for a period of three
years after the contract is fully executed.  The transmission of the
records, or the information contained therein in an alternative form,
to the board of supervisors shall not constitute a waiver of
exemption from disclosure, and the records and information once
transmitted to the board of supervisors shall be subject to this same
exemption.  The provisions of this section shall not prevent access
to any records by the Joint Legislative Audit Committee in the
exercise of its powers pursuant to Article 1 (commencing with Section
10500) of Chapter 4 of Part 2 of Division 2 of Title 2.  The
provisions of this section also shall not prevent access to any
records by the Department of Corporations in the exercise of its
powers pursuant to Article 1 (commencing with Section 1340) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
  SEC. 2.  Section 54956.87 is added to the Government Code, to read:

   54956.87.  (a) Notwithstanding any other provision of this
chapter, the records of a health plan that is licensed pursuant to
the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code) and that is governed by a county board of supervisors, whether
paper records, records maintained in the management information
system, or records in any other form, that relate to provider rate or
payment determinations, allocation or distribution methodologies for
provider payments, formulae or calculations for these payments, and
contract negotiations with providers of health care for alternative
rates are exempt from disclosure for a period of three years after
the contract is fully executed.  The transmission of the records, or
the information contained therein in an alternative form, to the
board of supervisors shall not constitute a waiver of exemption from
disclosure, and the records and information once transmitted to the
board of supervisors shall be subject to this same exemption.
   (b) Notwithstanding any other provision of law, the governing
board of a health plan that is licensed pursuant to the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code) and that
is governed by a county board of supervisors may order that a meeting
held solely for the purpose of discussion or taking action on health
plan trade secrets, as defined in subdivision (c) of Section 32106
of the Health and Safety Code, shall be held in closed session.  The
requirements of making a public report of action taken in closed
session, and the vote or abstention of every member present, may be
limited to a brief general description without the information
constituting the trade secret.
   (c) The governing board may delete the portion or portions
containing trade secrets from any documents that were finally
approved in the closed session held pursuant to subdivision (b) that
are provided to persons who have made the timely or standing request.

   (d) Nothing in this section shall be construed as preventing the
governing board from meeting in closed session as otherwise provided
by law.
   (e) The provisions of this section shall not prevent access to any
records by the Joint Legislative Audit Committee in the exercise of
its powers pursuant to Article 1 (commencing with Section 10500) of
Chapter 4 of Part 2 of Division 2 of Title 2.  The provisions of this
section also shall not prevent access to any records by the
Department of Corporations in the exercise of its powers pursuant to
Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2
of the Health and Safety Code.
  SEC. 3.  Section 54957.5 of the Government Code is amended to read:

   54957.5.  (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and any other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at a public meeting of
the body, are disclosable public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1), and shall be made available upon request without
delay.  However, this section shall not include any writing exempt
from public disclosure under Section 6253.5, 6254, 6254.7, or
6254.22.
   (b) Writings that are public records under subdivision (a) and
that are distributed during a public meeting shall be made available
for public inspection at the meeting if prepared by the local agency
or a member of its legislative body, or after the meeting if prepared
by some other person.
   (c) Nothing in this chapter shall be construed to prevent the
legislative body of a local agency from charging a fee or deposit for
a copy of a public record pursuant to Section 6257.
   (d) This section shall not be construed to limit or delay the
public's right to inspect or obtain a copy of any record required to
be disclosed under the requirements of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1).  Nothing in this chapter shall be construed to require a
legislative body of a local agency to place any paid advertisement or
any other paid notice in any publication.
